Judge Rules GM’s Cars in Vehicle Recall can Stay on the Road
Now, however, Judge Ramos ruled that she will not issue a “park it” order for the older model GM vehicles.
Plaintiffs Charles and Grace Silvas, who owned a Chevy Cobalt in the 2006 model year, originally sought an emergency “park it” order because of serious problems with the ignition switch used in GM’s 2004 and 2005 model year cars. GM argued that the cars were still safe to drive as long as the ignition key did not have anything else attached to it, like key chain baubles.
However, the problem with faulty ignition switches reportedly injured 31 people and killed 13, and has led to one of the largest vehicle recalls in GM’s history – 2.6 million older model cars were recalled 10 years after the safety problems were potentially first noticed.
On Thursday, April 17th, Judge Ramos said she would defer to the National Highway Traffic Safety Administration in the case of the “park it” order. In the meantime, cars that are part of the vehicle recall can stay on the roads.
“The court is of the opinion that NHTSA is far better equipped than this court to address the broad and complex issues of automotive safety and the regulation of automotive companies in connection with the nationwide recall,” Ramos wrote.
In late February, when the first part of the ignition switch vehicle recall was issued, GM acknowledged that it knew about at least 13 deaths related to crashes. When the recall was recently expanded to 1.4 million vehicles, GM added that 31 people had been injured due to crashes directly caused by the ignition problem. Despite knowing about the ignition switch problem, the automobile manufacturer did not issue a vehicle recall for its 2005 model cars until this year – 2014.
The proposed personal injury class action was filed in a federal court in Texas, and claims that GM knew about the problem since 2004. This created “unreasonably dangerous” conditions for drivers. The proposed class action seeks as much as $10 billion for the lost value of the small cars GM has recalled.
“While GM proposes partial fixes, additional incidents of ignition switch failures will certainly occur,” the plaintiffs said. “Injuries and fatalities are the inevitable consequence of such additional accidents.”
GM has also issued two other large vehicle recalls: one, due to airbag deployment problems, covers 1.2 million 2008-2013 model Buick Enclaves and GMC Acadia SUVs, as well as 2009-2013 Chevrolet Traverse and the 2008-2010 Saturn Outlook; the other covers 1.5 million Chevy Malibus and Malibu Maxx’s from the 2004-2005 model years, plus some 2006, 2008 and 2009 model-year cars, Chevrolet HHR from the 2009-2010 model years (non-turbocharged only), some Cobalts from 2010, some Saturn Auras from 2008-2009, Saturn Ion from the 2004-2007 model years, Pontiac G6 from the 2005 model year, plus some cars from the 2006, 2008 and 2009 model years, and service parts installed into certain vehicles before May 31, 2010, under a previous recall, all due to power steering problems.
The Strom Law Firm Can Help with Defective Products and Vehicle Recall Cases
If you have experienced a problem with a defective product in your automobile, especially if a defective part has led to an auto accident or personal injury, and a proper vehicle recall notice has not been issued, you may be entitled to compensation. The attorneys at the Strom Law Firm can help. We can help you with complicated auto insurance claims, and make sure you receive the compensation you deserve to help you with lost income and medical bills. Our attorneys are licensed to practice in South Carolina, Georgia, and New York. We offer free, confidential consultations to discuss the facts of your case, so contact us today at (803) 252-4800.